Bombay High Court
Suraj Janardan Patil vs The State Of Maharashtra And Anr on 22 February, 2021
Bench: R.P. Mohite-Dere
19. IA 617-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 617 OF 2021
IN
CRIMINAL APPEAL NO. 159 OF 2021
Suraj Janardan Patil ...Appellant
Versus
The State of Maharashtra ...Respondent
Ms. Akshata Desai i/b Mr. Nitin Sejpal, Advocate for the Appellant.
Ms. S. V. Sonawane, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE, J.
MONDAY , 22ND FEBRUARY 2021
P.C. :
1. Heard learned counsel for the parties.
2. By this application, the applicant seeks suspension of his sentence
and enlargement on bail pending the hearing and final disposal of his
aforesaid appeal.
3. The applicant vide judgment and order dated 30th January 2021
passed by the learned Extra Joint District & Additional Sessions Judge,
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19. IA 617-21.doc
Raidgad, Alibag in Special (POCSO) Case No. 29/20, has been convicted
and sentenced as under;-
- for the offence punishable under Section 11(i) read with Section 12 of the
Protection of Children from Sexual Offences Act,2012, to suffer simple
imprisonment for six months and to pay fine of Rupees 5,000/-, in default,
simple imprisonment for one month.
4. The applicant was on bail pending trial as well as post his conviction.
It appears that whilst on bail pending trial the applicant has not misused the
liberty granted to them. The sentence awarded is a short term sentence and
the appeal which is admitted today by a separate order is not likely to be
heard in the immediate near future.
5. Considering the aforesaid, the application is allowed and the
applicant's sentence is suspended and he is enlarged on bail, pending the
hearing and final disposal of his appeal, on the following terms and
conditions:
ORDER
i) The Applicant be enlarged on bail on furnishing P.R. Bond in the
sum of Rs.15,000/- (Rs. Fifteen Thousands Only) with one or two sureties
in the like amount;
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19. IA 617-21.doc
ii) The Applicant shall report to the trial Court, once in four months on
the day/date specified by the trial Court, till his Appeal is finally disposed
of;
iii) The Applicant shall keep the trial Court informed of his current
address and mobile contact number and/or change of residence or mobile
details, if any, from time to time;
iv) If there are two consecutive defaults in appearing before the trial
Court, the learned Judge shall make a report to the High Court and the
prosecution would be at liberty to file an application seeking cancellation
of bail.
6. The Application is allowed in the aforesaid terms and is accordingly
disposed of.
7. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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